In Vitro Fertilization Protection Act
S0040, titled the “In Vitro Fertilization Act” or “In Vitro Fertilization Protection Act,” would add a new chapter to Title 44 of the South Carolina Code to define and protect access to assistive reproductive technologies. The bill defines those technologies broadly to include in vitro fertilization, cryopreservation of eggs, embryos, or sperm, donation of eggs or embryos, and gestational surrogacy. It states that South Carolina public policy is to protect and promote equitable access to the full range of these technologies and declares that placing an undue burden on a person seeking to use them violates that policy.
The bill also addresses preservation of reproductive material. It says practitioners are not required to preserve eggs, sperm, or embryos outside the body, but if a patient chooses preservation after consultation, the practitioner must provide it in accordance with generally accepted medical standards. In addition, the bill adds a new section to Title 16 providing that a fertilized human egg or human embryo outside the uterus is not to be considered an unborn child, minor child, unborn person, fetus, natural person, or similar term for any purpose under state law, including criminal and family-law provisions referenced in Titles 16 and 44.
If enacted, the bill would change South Carolina law by creating explicit statutory protections for IVF and related fertility services and by limiting the legal status of embryos outside the uterus. That would affect fertility clinics, medical practitioners, patients pursuing fertility treatment, and potentially any state-law provisions that might otherwise treat embryos outside the body as persons or unborn children. The bill is designed to reduce legal uncertainty around embryo handling, storage, donation, and assisted reproduction.
Because no committee transcripts or votes are provided, there is no recorded debate or roll-call history to gauge legislative sentiment. Based on the bill text itself, the measure appears strongly supportive of reproductive autonomy and fertility access, with an emphasis on family-building and inclusive access to care. The main likely point of contention is the bill’s explicit statement that embryos outside the uterus are not legal persons or unborn children, which could conflict with fetal-personhood or embryo-protection views and may raise concerns among opponents who favor broader legal protections for embryos.
The bill would add Chapter 140 to Title 44 and Section 16-3-100 to Title 16, creating a new statutory framework for assistive reproductive technologies and clarifying that embryos outside the uterus are not legal persons or unborn children under state law. It would directly affect fertility clinics, physicians, patients, donors, and surrogacy arrangements, while also limiting how other state-law provisions may be applied to embryos outside the body.
No committee discussion or voting record is available, so there is no documented legislative sentiment from debate or floor action. The bill’s text reflects a supportive, pro-access posture toward IVF and related fertility treatments, emphasizing reproductive freedom, family-building, and equitable access. The likely overall sentiment among sponsors is favorable, while opposition would likely come from lawmakers or advocates concerned about embryo status and the bill’s rejection of personhood language for embryos outside the uterus.
The central point of contention is the bill’s explicit declaration that a fertilized egg or embryo outside the uterus is not an unborn child, fetus, minor child, natural person, or similar legal category for any purpose under state law. Supporters would view this as necessary to protect IVF access and reduce legal risk for patients and providers, while opponents may argue it diminishes embryo protections or conflicts with pro-life principles. A secondary issue is the bill’s “undue burden” standard for access to assistive reproductive technologies, which could invite disputes over what restrictions or clinic practices are permissible.